MANJULATA Vs. PEELA BAI

JUDGEMENT

(1.) AGGRIEVED by the order dated 22-09-1998 passed in Succession Case No. 40/1992 by the IInd Civil Judge Class-I, Bilaspur refusing to revoke the succession certificate issued in favour of the Respondent No. 1 to 6 by the IInd Civil Judge Class-I, Bilaspur in Succession Case No. 51/1991, the Petitioner claiming to be the daughter of deceased Kishan Lal, has preferred this Civil Revision.

(2.) BRIEF facts are that the non-applicant Nos. 1 to 6 herein filed an application under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as the "Act") for issuance of succession certificate relating to moneys belonging to deceased Kishan lal in the Railway Department before the IInd Civil Judge Class-I, Bilaspur in Succession Case No. 51/1991. Ramrati Bai, mother of the applicant herein contested the application on the ground that she was the legally married wife of Kishan lal and also had a daughter namely Manjulata, aged 24 years out of their wedlock. It was also claimed that Kishan lal had made nominations in her favour pursuant to which she received the amount of General Provident Fund, Insurance and Leave Salary from the Department. The IInd Civil Judge Class-I, Bilaspur after considering the evidence, oral as well as documentary evidence by the parties recorded a finding that Ramrati Bai was not the legally married wife of Kishan lal and ordered issuance of succession certificate in favour of non-applicant No. 1 to 6 herein. Evidence adduced by Ramrati Bai was to the effect that she also had a daughter named Manjulata, the Petitioner herein from Kishan lal which was also considered by the learned IInd Civil Judge Class-I, Bilaspur.

(3.) THE learned IInd Civil Judge Class-I, Bilaspur in Succession Case No. 40/1992 considered the objections raised by the Petitioner herein and also the evidence, oral as well as documentary by the parties and dismissed the application on the ground that none of the conditions enumerated under Section 383 of the Act for revocation of succession certificate existed in favour of the applicant/Petitioner herein. Aggrieved by the said order, the Petitioner has filed the present revision.